Legal Question in Landlord & Tenant Law in California

I live in an apartment where my name is not on the lease but I have been paying the rent, Now I am late and am going to move but can't move until the end of May. I have not paid April rent and now I have not paid May rent. The person who's name is on the lease sent me a email notcie to move in 7 days or he will have the manager change the locks. Can he legally do that and keep my things that are in the apartment. I had told the mangement office I would be out by the end of May. What are my legal rights? I do not have the money or people to help me move my things out until the end of May. May 27th is when I was going to leave the apartment.


Asked on 5/07/11, 7:10 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Whether or not you have a written lease with the person who is on the lease [call him X] with the landlord, you are a sub-tenant and must be treated by both the landlord and X as a tenant, so you must be given a three day notice to quit for non-payment of rent and/or a thirty day notice of the lease not being renewed, but these legal steps must be taken. The locks can not be changed nor can you be evicted without a court order against you. Meanwhile, X has an obligation to the landlord to pay the rent and the landlord will go after X for the rent payment. Tell X that if he moves against your being there the landlord will likely move against him, so X should consider not rocking the boat.

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Answered on 5/07/11, 8:15 pm


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